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January 10, 2023
Effective January 1, 2023, the State of Washington amended its Equal Pay and Opportunity Act to require employers to include compensation and benefits information in job postings.
Washington employers with 15 or more employees must include in job postings (1) a wage scale or salary range; (2) a general description of all benefits; and (3) a general description of other compensation.
A “wage scale or salary range” should provide applicants with the employer’s most reasonable expected compensation range for the job – e.g., $60,000-$80,000 per year. Job postings do not comply with the Act if they use open-ended phrases, such as “$60,000 per year and up” (a top of the range is required) or “up to $29.00/hour” (a bottom of the scale is required).
“A general description of all benefits” includes health care benefits, retirement benefits, any benefits permitting paid days off, and any other fringe benefits that must be reported for federal tax purposes.
“Other compensation” includes bonuses, commissions, profit-sharing, stock options, or other forms of compensation that would be offered to the hired applicant. See 2021 Wa. SB 5761.
Employers should understand what constitutes a job posting and the information required on job postings. Contact counsel for help.
*Special thanks to Ava Petrellese, our paralegal, for her contributions to this article.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
